The U.S. Department of Education is escalating its fight to end diversity, equity, and inclusion policies and programs in K-12 schools.
On Thursday, the department said it sent letters to state education officers requiring them to collect certifications from schools stating that they’re following federal civil rights laws and ending what the Trump Administration called “discriminatory” diversity, equity, and inclusion practices.
The letter states that too many schools are using DEI programs to discriminate against one group of Americans in favor of another, in violation of the law.
A portion of the letter states,
“Federal financial assistance is a privilege, not a right. When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements. Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans while favoring another based on identity characteristics, in clear violation of Title VI,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “Today, the Department is taking an important step toward ensuring that states understand—and comply with—their existing obligations under civil rights laws and the Students v. Harvard decision. As Chief Justice Roberts wrote, ‘Eliminating racial discrimination means eliminating all of it.’ No student should be denied opportunities or treated differently because of his or her race. We hope all state and local education agencies agree and certify their compliance with this legal and constitutional principle.”
The department said the continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including eliminating Title I funding, which is federal assistance that goes to school districts with high concentrations of children from low-income families.
In terms of Title I funding, according to the Ohio Legislative Service Commission, in fiscal year 2024, Ohio received more than $650 million from the federal government, which accounted for nearly 12% of public school revenue.
The U.S. Department of Education has given states and schools 10 days to sign and return the certification.
On Friday, I reached out to more than half a dozen school districts. Those I spoke with said they hadn’t seen the letter and couldn’t comment at that time.
I also reached out to the Ohio Department of Education and Workforce. In an email, it said, “The Department does not have an immediate comment.”
As of Friday afternoon, the chairs and ranking members of education committees in the Ohio House and Ohio Senate hadn’t responded to my emails.